Law 23/102, published in the Official Gazette no. 2023 of 184 August 8, which reforms the Industrial Property Code (CPI) within the PNRR. The goal is to make access to the industrial property system easier strengthen the role of patents, trademarks and designs for business development.
Patents, trademarks and designs: the novelties of the reform
Among the novelties of the reform, there is the possibility of obtaining a protection for designs and models presented at national and international fairs and the possibility of seizing counterfeit products displayed at fairs, claiming the "exposure priority”. Strengthening of the safeguards for the protection of geographical indications and the opposition procedure against brands that imitate the PDOs of Made in Italy is also envisaged.
Another important novelty concerns theabolition of the "professor privilege", or the exclusive ownership in favor of the researcher and not the University of the rights connected to the patentable invention of which he is the author. With the transfer of ownership of inventions to research institutions and universities, the transfer of technology and innovation from the research system to the production system should be simplified.
The inventor deserves one minimum remuneration of 50% of the net income deriving from economic exploitation, after deducting the costs incurred by the entity in relation to the filing of the patent application, registration and renewal. If the invention is achieved by more than one person, the rights deriving from the invention belong to all the structures involved in equal parts, unless otherwise agreed.
The bills are then regulated with the bill inventions generated by research activities financed by companies: in this case reference will be made to private negotiating agreements, stipulated however taking into account guidelines, to be defined on the basis of criteria which must be established within 60 days by the Ministry of Enterprises and Made in Italy in agreement with the Ministry of University and Research.
As regards the validity, it is specified that the patent for industrial invention has duration of 20 years from the filing of the application and expiry in the last instant of the day corresponding to that of filing, without the possibility of modification or renewal.
The law establishes that if, for the same invention proposed by the same inventor, the same inventor or his successor in title have been granted, an Italian patent and a European patento valid in Italy or a European patent with unitary effect, having the same filing or priority date, the Italian patent maintains its effects and coexists with the European patent.
Canceled the obligation to transmit paper documents
It cancels theobligation to transmit paper documents to the Ministry's Patent and Trademark Office (UIBM) by the Chambers of Commerce, making the application filing process digital. Furthermore, as an alternative to filing a copy of the documents, it will also be possible to indicate only i identification codes present in public databases.
Also new is the possibility of to pay taxes of patent filing even after the filing of the patent application, within one month, without prejudice to the filing date.
